Appellant McCowen Brief - Mass Cases
Appellant McCowen Brief - Mass Cases
Appellant McCowen Brief - Mass Cases
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
on Cape Cod, providing reliable tips on the local drug<br />
world. On January 8, 2002, <strong>McCowen</strong>, not a suapect, told<br />
police about drug distribution efforts by Jeremy<br />
Frazier. Three months later, police approached McCOwen<br />
to discuss the murder because Worthington's residence<br />
was on his trash collection route. He met with them<br />
willingly, saying he'd never spoken with Worthington and<br />
that their only interaction was an occasional wave. He<br />
offered his DNA, but police did not swab <strong>McCowen</strong> or<br />
speak to him again for nearly two years. UcCowen<br />
remained on Cape Cod without incident. Tr. 1530-36.<br />
On March 18, 2004, <strong>McCowen</strong> was summoned to<br />
Barnstable District Court on an unrelated matter by his<br />
probation officer, who urged <strong>McCowen</strong> to provide a DNA<br />
sample to State Police Detectives Christopher MaSon and<br />
Sergeant William Burke, who suddenly materialized to<br />
collect the sample. Tr. 1542-45. Still <strong>McCowen</strong> again<br />
remained on the Cape, making no attempt to flee. Tr.<br />
1534-36. On April 13, 2005, Mason learned MCCOwen'S DNA<br />
matched that found on one of Worthington's breasts and<br />
immediately sought an arrest warrant. Tx. 1557. On April<br />
14, 2005, <strong>McCowen</strong> had taken time off from work because<br />
of a leg injury and had spent the day killing pain with<br />
Percocets and marijuana. Tr. 1898,1900,1903-05. His<br />
girlfriend had earlier taken him aut to make sure he ate<br />
-5-